The present invention concerns a liquid composition for use as a lachrymator. More particularly, the invention concerns a lachrymator produced utilizing capsicum and a nonflammable water based carrier.
The prior art provides various compositions which constitute strong irritants to the eyes, mouth and nose of a human and other animals. Such compositions are generally classified as lachrymators. Lachrymators are better known, and commonly referred to as xe2x80x9ctear gasxe2x80x9d or xe2x80x9criot gasxe2x80x9d. Lachrymators serve a significant role in society because they allow the police, military and other authorities to control unruly or disruptive persons, including persons under the influence of alcohol or other mind-altering drugs, without having to resort to physical means that may inflict long-term or permanent bodily harm or damage.
Upon application of a lachrymator, the recipient of the lachrymator is overcome by eye, nose and mouth irritation and rendered harmless. More particularly, upon application the recipient is temporarily disabled with intense burning eye pain, blepharospasm, acute bronchitis and respiratory irritation. The prior art provides various means for dispensing or applying lachrymators, such as, for example, pressurized canisters, hand grenades, and munition cartridges.
The need for an aerosol irritant-type spray or lachrymator, for enforcement and defensive purposes, is historic as well as present day evident. Social unrest, demonstrations and rioting during the 1960""s caused the extensive use of military type tear gas agents, known typically as the chemicals CN (chloroaceto-phenone) and CS (ortho-chlorobenzalmalononitrile). These tear gases are actually irritants causing pain and discomfort to the lacrimal glands (tear ducts) and the upper respiratory system. Delivery systems for these agents were comprised mainly of grenades and projectiles, commonly designed as pyrotechnic (burning) type devices. In Wortley, Jr. et al. U.S. Pat. No. 3,192,105 there is disclosed a method of combining CN with a colloidal silica to produce a solid phase form of lachrymator. As disclosed in the ""105 patent, this solid phase lachrymator is well suited for use in munitions which disperse the lachrymator by an explosion or similar means.
The search began for more modern methods of delivery/dispersion of tear gas agents, with limited fire potential and more limited (controllable) area coverage. In 1966, Smith and Wesson, through acquisition of General Ordnance Equipment Company, introduced CHEMICAL MACE(copyright). lachrymator, a liquid based CN chemical formula which was filled into pressurized aerosol spray containers.
CHEMICAL MACE(copyright) lachrymator has been the forerunner of all such products since its introduction in 1966. Its use greatly lessens the amount of physical force which might be necessarily applied by a law enforcement officer, corrections officer or security officer when attempting to detain a suspect or disperse a crowd of unruly persons. This type of product fits into the low-end of a xe2x80x9cuse of forcexe2x80x9d scale which generally begins with talking on the low side, and escalates to shooting on the high side. Thus, lachrymators are generally classified as xe2x80x9cnonlethal weaponsxe2x80x9d.
The original CHEMICAL MACE(copyright) lachrymator formula consisted of trichlorotrifluoroethanes (CFC""s 111, 113) and cosmetic kerosene as the carrier agent/solvent, blended with the active ingredient (CN), and pressurized with carbon dioxide as the propellant. This formula has successfully undergone the most extensive scientific and medical test and studies of any similar use type formulation in history. As a result, this formula was used extensively until about 1990. Specifically, beginning about 1990 there was increasing pressure on the chemical industry to phase out ozone depleting substances (i.e., chlorofluorocarbonsxe2x80x94CFC""s) under the provisions of the Clean Air Act.
The CFC""s, which serve as a nonflammable carrier, provide a significant advantage for the lachrymator solution. Specifically, lachrymator solutions that employ a CFC carrier are generally less likely to ignite. More particularly, when a lachrymator is dispensed, there is always the possibility that an open flame or other source of ignition may be present that could ignite the carrier of the mixture resulting in serious bodily harm to both the user and the intended recipient of the lachrymator. Examples of some possible sources of ignition include lit cigarettes or cigars, burning candles or matches, and stoves or other heating devices employed by persons involved in illicit drug use and/or processing. A nonflammable carrier is less likely to ignite when exposed to such sources of ignition and is thus a preferred carrier for use in lachrymators.
Governmental actions in the United States, already taken as a result of the regulatory impact on CFC""s, have extended to international proportions resulting for example in the complete banning of CFC""s in such countries as Canada. It is likely that CFC""s will be totally phased out before the year 2000, and users in the United States are already paying a federal controlled substance use tax.
Manufacturers of CFC substances have been relentless in their search for acceptable substitutes. However, to this date, manufacturers have only been able to provide solvent replacements that do not totally eliminate the problem. The most recent substitute offered is a halogenated fluorocarbon, HCFC-141b. This solvent appeared to be the solution as it complied with the mandate to reduce ozone depleting potential. However, the first danger signal was sounded on Oct. 15, 1991 in a notice which stated that the U.S. Environmental Protection Agency (EPA) did not believe that HCFC-141b was a necessary solvent replacement, and they were taking the position that they had the authority, under the Clean Air Act, to make it unlawful to use HCFC-141b as a solvent replacement. Accordingly, there is currently a need to develop a new carrier system for lachrymators which does not employ CFC""s.
Capsicum (also known as cayenne pepper) and its chemical equivalents such as capsaicin (C18H27NO2) have also been utilized to produce lachrymators for many years. Such lachrymators are commonly utilized in the liquid phase and are dispensed from pressurized canisters or bottles. Generally, prior art capsicum containing lachrymators comprise a mixture of capsicum, soybean oil and an alcohol type solvent. Capsicum containing lachrymators are preferred by some users. More particularly, some users believe that capsicum containing lachrymators are more effective than other prior art lachrymators. Some users also believe that capsicum containing lachrymators are particularly effective for use on large animals such as bears. Additionally, some users prefer capsicum because it is a xe2x80x9cnaturalxe2x80x9d material as compared to the man-made chemicals CS and CN.
From a physiological standpoint it was noted that CN and CS did not consistently affect persons who were under the influence of alcohol or drugs. Also, from a psychological viewpoint CN and CS did not always affect those persons who were extremely outraged, emotionally disturbed or suffering from neurotic psychological symptoms.
On the other hand, some studies conducted with capsicum have concluded that, if properly dispensed, the capsicum would effect a person in all circumstances including those who were acting under the physiological and psychological influences noted above.
Unfortunately, because the prior art capsicum containing lachrymators also contain carriers which are primarily alcohol, they are considered unacceptable by some users. More particularly, some persons believe the prior art lachrymators may present too much of a fire hazard. Additionally, some persons consider the prior art capsicum containing lachrymators to be unacceptable because they believe the carrier which is primarily alcohol may have an adverse impact upon tests which are utilized to determine the blood-alcohol level of a person exposed to the lachrymator. Thus, there is a need for a carrier system which does not adversely impact upon the blood-alcohol level of a recipient, is suitable for use with capsicum, does not contain CFC""s and is nonflammable.
The present invention provides a new and useful capsicum containing liquid lachrymator solution which provides various distinct advantages over prior art capsicum containing lachrymators. More particularly, the lachrymator of the present invention includes a nonflammable carrier that is generally acceptable for use around or in the vicinity of potential sources of ignition such as, for example, lit cigarettes or cigars, candles and stoves. Furthermore, the nonflammable carrier does not contain any CFC""s. Also, the lachrymator tends not to adversely impact upon the blood-alcohol level of a recipient. Additionally, the lachrymator is suitable for use in conventional pressurized aerosol spray canisters or containers and thus it does not have to be thermally vaporized by a heat source in order to perform properly. Further, the lachrymator is substantially water based yet it is very stable for it does not freeze through a normal range of temperatures and it does not separate over periods of time. The lachrymator is also stable in that it does not spoil or lose its effectiveness over periods of time and there are no adverse interactions or reactions observed as between the various components of the lachrymator. Further, the lachrymator can be disposed of in a conventional manner.
A lachrymator solution made in accordance with the principles of the present invention comprises capsicum and a nonflammable carrier. The nonflammable carrier comprises water, ethyl alcohol and glycol. Preferably, the glycol comprises propylene glycol. As used herein this specification and the claims below the term xe2x80x9ccapsicumxe2x80x9d includes capsicum chemical equivalents such as capsaicin. Also, as used herein this specification and the claims below the term xe2x80x9clachrymatorxe2x80x9d is intended to be afforded a broad interpretation including any irritant-type product that may be utilized for defense purposes.
In a preferred best mode embodiment the lachrymator solution comprises about 0.3 percent by weight capsicum, about 14.7 percent by weight propylene glycol, about 35 percent by weight ethyl alcohol and about 50 percent by weight water.
The foregoing and other features of the invention are hereinafter more fully described and particularly pointed out in the claims, the following description setting forth in detail certain illustrative embodiments of the invention, these being indicative, however, of but a few of the various ways in which the principles of the invention may be employed.